On 8 October 2026 the Supreme Court of Queensland awarded former Mackay plumber Robin Smith $1,897,000 plus legal costs for asbestosis. His lawyers, Slater and Gordon, say it is the largest asbestosis award on record in Australia and the first asbestosis judgment of its kind in Queensland. Of the total, $800,000 was for pain and suffering.
The exposure didn't come from a factory floor in the 1960s. It came from routine water-main work at a port, and it continued into the mid-1990s. Any organisation that still owns, maintains or digs around asbestos cement (AC) pipe should pay attention.
What happened
- The worker: Mr Smith, now in his late 70s, worked as a plumber from the mid-1960s. He worked for the Mackay Harbour Board, a former Queensland Government body that is now North Queensland Bulk Ports Corporation (NQBP).
- The work: From 1981 to the mid-1990s he used a demolition saw to cut asbestos cement pipes while working on water lines throughout the port.
- The defendants: Amaca Pty Ltd (formerly James Hardie & Coy), NQBP, and WorkCover Queensland, which stood in for his earlier employers that have since been deregistered.
- The trial: It ran from 17 to 20 August 2026. Experts told the court his asbestosis is progressive, irreversible and fatal, with a life expectancy of about five to six years.
- The comparison: In 2024 Slater and Gordon won $1.2 million for WA man Kim Martin, who developed mesothelioma. Mr Smith's award is almost $700,000 more.
NQBP said it respected the Supreme Court's findings but that it would not be appropriate to comment in detail.
Slater and Gordon's Sean Sweeney said: "The fact that Mr Smith experienced such extreme asbestos exposure into the 1990s is deeply concerning." He added that employers must proactively identify risks rather than "blindly relying on guidance from manufacturers or suppliers", and that asbestos registers must be implemented and maintained.
Why AC pipe is still a live risk
Asbestos cement pressure and sewer pipe was widely used in Australian water networks for decades. Much of it is still in the ground, owned by water utilities, councils, ports, mines and private sites. The Australian ban took effect on 31 December 2003. That ban stopped new use. It did nothing about the pipe already buried.
Intact AC pipe in the ground poses little risk. It becomes dangerous when someone cuts, breaks or tapes into it, and especially when they use a power saw on it. That is exactly the task described in this case. Mains breaks, tie-ins, renewals and excavation all bring crews into contact with it, often under time pressure.
What Queensland law requires today
The work Mr Smith did would be unlawful today. These are the main duties for asset owners and contractors in Queensland.
Primary duty of care
Under the Work Health and Safety Act 2011 (Qld), a person conducting a business or undertaking (PCBU) must ensure the health and safety of workers so far as is reasonably practicable. Officers such as directors and senior executives must exercise due diligence. This applies to the asset owner, the principal contractor and the subcontractor doing the cutting.
The asbestos chapter of the WHS Regulation
Chapter 8 of the Work Health and Safety Regulation 2011 (Qld) sets out the specific asbestos rules:
- Strict limits on power tools. The Regulation bans high-pressure water spray and compressed air on asbestos or ACM. Power tools, brooms and any other implements that release airborne asbestos can only be used if they are controlled, meaning enclosed or designed and used to capture or suppress the dust. An uncontrolled demolition saw through AC pipe is exactly what these rules prohibit.
- Identify it first. A person with management or control of a workplace must make sure asbestos is identified, or presumed, and recorded.
- Asbestos register. The register must be kept up to date and made available to workers and contractors. For buried networks, that means knowing where your AC mains are.
- Asbestos management plan. This sets out how identified asbestos will be managed, including incidents, emergencies and maintenance work.
- Licensed removal. Removing more than 10 m² of non-friable asbestos needs a Class B licence, and friable asbestos needs a Class A licence. See our guide to Class A vs Class B licences and the state licensing reference.
Codes of practice
WorkSafe Queensland's codes of practice explain how to meet these duties. The How to safely remove asbestos Code of Practice covers removal methods, including AC pipe, and the companion How to manage and control asbestos in the workplace code covers registers and management plans. Queensland's whole-of-government asbestos information is at asbestos.qld.gov.au.
What this means for operators and duty holders
Asset owners (utilities, ports, councils, mines):- Map your AC pipe and hold it in the register. "Presumed asbestos" is better than "unknown".- Give contractors register information before they dig, not after.- Write AC-specific methods, such as non-power cutting, wetting, and removing whole sections where possible, into maintenance contracts and SWMS.- Treat the liability as long-tailed. This case was decided around 30 years after the last exposure, and liability passed to a successor organisation and the state's workers' compensation scheme.
Contractors and plumbers:- Never use demolition saws, grinders or other abrasive power tools on AC pipe.- Check that whoever removes the pipe holds the right licence, and that waste is wrapped, labelled and taken to a licensed facility. See our Queensland asbestos disposal guide.- Keep records of training, methods and air monitoring. In a claim decades later, documents are what count.
Anyone commissioning the work:Use a licensed assessor or removalist. You can find licensed asbestos professionals in your region on Asbestos List, and see indicative pricing in our asbestos removal cost guide.
The bottom line
The Mackay award shows that routine work on legacy AC infrastructure can produce fatal disease and record damages decades later. The rules that would have prevented it are now law. Asset owners and contractors who know where their AC pipe is, keep uncontrolled power tools off it and use licensed removalists are managing both the health risk and the liability.
Sources
- ABC News, "Dying Queensland man wins landmark $1.9m asbestosis compensation claim", 13 October 2026: https://www.abc.net.au/news/2026-10-13/queensland-man-awarded-compensation-claim-asbestosis/107261074
- Brisbane Times, "Dying man wins record $1.9 million asbestosis payout", 13 October 2026: https://www.brisbanetimes.com.au/national/queensland/dying-man-wins-record-1-9-million-asbestosis-payout-20261013-p61584.html
- Lawyers Weekly, "Qld Supreme Court orders nation's largest-ever asbestosis compensation", 19 October 2026: https://www.lawyersweekly.com.au/biglaw/45242-qld-supreme-court-orders-nation-s-largest-ever-asbestosis-compensation
- Work Health and Safety Act 2011 (Qld): https://www.legislation.qld.gov.au/view/html/inforce/current/act-2011-018
- Work Health and Safety Regulation 2011 (Qld): https://www.legislation.qld.gov.au/view/html/inforce/current/sl-2011-0240
- WorkSafe Queensland codes of practice: https://www.worksafe.qld.gov.au/laws-and-compliance/codes-of-practice
- Queensland Government asbestos information: https://www.asbestos.qld.gov.au/